TENANT NUISANCES

Landlord Should Have Sent Tenant a Notice to Cure

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Landlord claimed that tenant engaged in vandalism of the building super's car, and physically assaulted both the...

Landlord Can Claim Chronic Nonpayment of Rent Creates a Nuisance

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it commenced 11 nonpayment proceedings against tenant over 13 years. The court denied tenant's request to...

Elderly, Disabled Tenant Granted Six-Month Delay of Eviction

October 23, 2019    

Landlord sued to evict tenant for creating a nuisance based on the condition of her apartment. Tenant was elderly, was granted a life estate when her family sold the building to landlord, and had an Article 81...

Instances of Tenant Misconduct Didn't Amount to Nuisance

August 27, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant had lived in the apartment for 43 years. Landlord presented to the court a letter signed by tenant where she admitted she engaged in a...

Tenant Presents No Potential Defense to Vacate Default in Eviction Case

July 23, 2019    

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord at an inquest after tenant failed to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled...

Tenant Claims She's a Domestic Violence Victim

July 15, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Tenant claimed that landlord discriminated against her as a domestic violence survivor and asked the court to dismiss...

Landlord Didn't Have to Name Tenant's Son as Party in Court Papers

July 15, 2019    

Landlord sued to evict rent-stabilized tenant for nuisance, claiming that tenants or members of tenant's family verbally harassed other building tenants on a continuing and ongoing basis. Tenant's son asked...

Co-op Can Evict Shareholder Tenant Due to Cluttered Apartment

June 24, 2019    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to...

Tenant Didn't Commit Nuisance by Cooking Lunches for Sale Outside Building

June 17, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated a substantial obligation of his tenancy and created a nuisance by cooking 12 to 15 lunches six days week for sale outside of the building....

Landlord Can't Prove Tenant's Apartment Clutter Created Nuisance Condition

May 20, 2019    

Landlord sued to evict 81-year-old HUD/Section 8 tenant for permitting a dangerous nuisance condition at her apartment. Landlord claimed that tenant refused to permit access to landlord for pest extermination, kept...

Eviction Delayed to Determine If Collyer Conditions Were Cured

May 10, 2019    

Landlord sued to evict tenant for creating a nuisance based on "Collyer"-type conditions in tenant's apartment. The court appointed a guardian ad litem (GAL) to assist tenant with the case. Tenant and...

Disabled Tenant Who Caused Fires Given Probation Period as Reasonable Accommodation

May 9, 2019    

Landlord sued to evict tenant based on breach of tenant's lease and nuisance. The trial court found that tenant committed a nuisance by engaging in a pattern of conduct that led to two fires in three months. But...